There’s an item on the November 8 ballot that is bound to cause confusion. It’s the Missouri Constitutional Convention Question, and it’s important to understand what it is, what it isn’t and how it differs from our Convention of States Resolution.
The Missouri Constitutional Convention Question is known as an automatic ballot referral. Stated in more simplistic terms, it’s a question that’s been placed on the November ballot every 20 years since 1962, and it provides voters the option to call a convention for the sole purpose to ‘revise and amend the (Missouri) Constitution.’ Article VII Section 3(a) of the Missouri Constitution provides the verbiage that governs this process, and here’s how it works.
If a simple majority of Missouri voters vote in favor of The Question, a convention is called to revise and amend the (Missouri) Constitution. This then triggers the selection of delegates – 15 ‘at-large’ and two additional for each State Senate District – totaling 68 additional Missouri delegates. Electing these electors is held three- to six- months after the November election, and each recognized political party nominates one candidate per senate district for consideration. Delegates are selected by popular vote, and potential ‘at-Large’ delegates are nominated by petition. Elected delegates develop a work product, which is presented for voter approval between 60 days and six months after the convention concludes. The convention can offer Missouri voters a new Missouri Constitution, a package of proposed amendments, or individual amendment proposals for consideration. A majority statewide vote is required for any approval.
In my opinion, the Missouri Constitution already is too long and complicated. In fact, our current constitution, which was adopted in 1945, has been amended more than 110 times. It’s nearly three-times as long as the original 1945 document. Although there have been calls to condense the current Missouri Constitution, voters have soundly rejected the effort every time it has been presented on the ballot.
So, how does this process differ from the Article V Convention of States method? In short, The Question on the November 8 ballot pertains to the Missouri Constitution only. The convention of states process applies to the U.S. Constitution. But, here are a few more details for further understanding:
- The Missouri Constitution provides the ability to amend its current Constitution or propose an entirely new one. There is no such authority given in the U.S. Constitution. The U.S. Constitution only authorizes Congress or the State Legislatures to propose amendments to the existing U.S. Constitution.
- Delegates to the Missouri Constitutional Convention are granted plenary authority. This means they can propose all or part of a new Missouri Constitution.
Commissioners to an Article V convention of states meeting are limited to proposing amendments to the U.S. Constitution – within the parameters of the resolution agreed to by at least two-thirds of state legislatures. - A new Missouri Constitution, or proposed amendments to the existing version, are approved by a majority popular vote of Missourians.
Ratification of proposed amendments originating with the states or Congress can be ratified by State Legislatures or state ratifying conventions as determined by Congress. - There are provisions in the Missouri Constitution that belong in state statute instead of the Constitution. The U.S. Constitution is confined to structural and jurisdictional items – not provisions that should be contained in statutory law.
I hope this clears up any confusion before we vote in November. Yes, there are similarities between the two processes, but Article V is limited in its scope, and the ratification process is much more robust.
It takes a well-organized effort to educate voters and lay the groundwork prior to embarking on either process. That’s why the Convention of States Project focuses so much on education. Will the Missouri Constitutional Question pass or fail? We will know on November 8.
In liberty,
Brett
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